NCA (National Committee on Accreditation) Exam — Questions and Answers

Question 1: Under Canadian professional conduct rules, what is 'sharp practice' and why is it prohibited?

Billing clients at above-market rates
Advertising legal services in an aggressive manner
Taking unfair advantage of another lawyer or party by technical or procedural means that, while not necessarily illegal, violate the spirit of the rules and undermine the administration of justice (Correct answer)
Submitting late filings to gain a strategic advantage

Correct answer: Taking unfair advantage of another lawyer or party by technical or procedural means that, while not necessarily illegal, violate the spirit of the rules and undermine the administration of justice

Sharp practice refers to conduct that is technically within the law but unconscionable or contrary to fair dealing—for example, taking advantage of a mistake by another lawyer, breaking agreements not in writing, or using procedural technicalities to gain an unfair advantage. It is prohibited as incompatible with professional honour.

Question 2: In Quebec property law, what is the difference between 'immovables' and 'movables' under the CCQ?

Immovables include land and anything permanently attached to or incorporated into land; movables are all other property (Correct answer)
Immovables are registered property; movables are unregistered property
Immovables are property that cannot physically move; movables are property that can be carried
The distinction only applies to property owned by natural persons, not legal persons

Correct answer: Immovables include land and anything permanently attached to or incorporated into land; movables are all other property

Under CCQ art. 900–907, immovables include land, buildings, and anything permanently incorporated into or attached to land, as well as rights attached to immovables. All other property (goods, claims, intellectual property) is movable.

Question 3: What are 'Gladue principles' and how do they affect sentencing in Canada?

They require courts to consider the unique systemic and background factors affecting Aboriginal offenders, with particular attention to restorative justice alternatives, as required by section 718.2(e) of the Criminal Code (Correct answer)
They apply only to offences committed on reserves
They require mandatory minimum sentences for all offences
They prohibit incarceration of Aboriginal offenders

Correct answer: They require courts to consider the unique systemic and background factors affecting Aboriginal offenders, with particular attention to restorative justice alternatives, as required by section 718.2(e) of the Criminal Code

Gladue principles (from R v Gladue, 1999) require courts to consider: (1) the unique systemic and background factors that may have brought the Aboriginal offender before the court (colonialism, residential schools, displacement, substance abuse in communities), and (2) the types of sentencing procedures and sanctions that may be appropriate because of the offender's Aboriginal heritage (restorative justice, community-based alternatives). This applies to all Aboriginal offenders, regardless of where they live.

Question 4: Section 8 of the Charter protects against unreasonable search and seizure. What is the foundational concept established in Hunter v. Southam Inc. [1984]?

Evidence obtained in an unreasonable search must always be excluded
The right against search only applies in criminal proceedings
Any search without a warrant is automatically unreasonable
A prior authorization by a neutral arbiter with reasonable grounds is the constitutional norm (Correct answer)

Correct answer: A prior authorization by a neutral arbiter with reasonable grounds is the constitutional norm

Hunter v. Southam [1984] held that s. 8 protects a reasonable expectation of privacy and that, to be reasonable, a search should generally be authorized by a warrant issued by a neutral arbiter on reasonable and probable grounds.

Question 5: In Canadian public law research, the 'Canada Gazette' serves what purpose?

It publishes consolidated versions of all federal statutes
It contains all federal court decisions
It is the official record of parliamentary debates
It is the official government publication for federal regulations, orders-in-council, and government notices; Part II contains statutory instruments (regulations) (Correct answer)

Correct answer: It is the official government publication for federal regulations, orders-in-council, and government notices; Part II contains statutory instruments (regulations)

The Canada Gazette is the official newspaper of the Government of Canada. Part I publishes proposed regulations and government notices for public comment. Part II publishes statutory instruments (regulations, orders in council) that have been officially enacted. Part III publishes newly enacted federal Acts.

Question 6: What are the ethical obligations of a lawyer acting as a 'mediator' or 'neutral third party'?

The lawyer must not act for either party, must be impartial, must ensure both parties understand that the lawyer does not represent either of them, and must advise both parties to seek independent legal advice (Correct answer)
The same obligations as when representing a client
There are no ethical obligations for lawyers acting as mediators
The lawyer can favour the party that pays their fee

Correct answer: The lawyer must not act for either party, must be impartial, must ensure both parties understand that the lawyer does not represent either of them, and must advise both parties to seek independent legal advice

When acting as a neutral third party, a lawyer must: clearly disclose their role to all parties, not act for either party's interests, maintain impartiality, ensure parties understand the lawyer does not represent them, recommend that each party obtain independent legal advice, and withdraw if unable to maintain neutrality. Different ethical obligations apply compared to the traditional advocate role.

Question 7: The SCC in Groia v. Law Society of Upper Canada [2018] addressed the tension between which two professional duties?

The duty to avoid conflicts of interest vs. the duty of loyalty to the client
The duty to charge reasonable fees vs. the duty to ensure access to justice
The duty to maintain client confidentiality vs. the duty of candour to the court
The duty to act with civility and courtesy vs. the duty of zealous advocacy on behalf of the client (Correct answer)

Correct answer: The duty to act with civility and courtesy vs. the duty of zealous advocacy on behalf of the client

In Groia v. LSUC [2018], the SCC addressed whether a lawyer's incivility in court proceedings (making allegations of prosecutorial misconduct without adequate basis) could constitute professional misconduct. The Court held that while civility is important, the duty of zealous advocacy must be given significant weight in disciplinary proceedings.

Question 8: Which writing principle is most important when preparing a factum or legal brief for a Canadian appellate court?

Avoiding footnotes to maintain readability
Using Latin maxims extensively to demonstrate legal expertise
Including as many cases as possible to demonstrate thorough research
Structuring the argument logically with clear headings, using precise and plain language, and addressing the standard of review as the threshold issue (Correct answer)

Correct answer: Structuring the argument logically with clear headings, using precise and plain language, and addressing the standard of review as the threshold issue

Effective appellate advocacy requires: a clear logical structure with headings; addressing the standard of review first (as it frames the entire analysis); precise and plain language; focused citation of key authorities (quality over quantity); and clear connection between law and facts. Excessive case citation without analysis is a common weakness.

Question 9: What is the 'abuse of right' (abus de droit) doctrine in Quebec civil law?

A criminal offence for misuse of position
A ground for annulling contracts entered into under duress
The exercise of a legal right in an excessive, unreasonable, or bad-faith manner that causes injury to another, which can give rise to civil liability under the CCQ (Correct answer)
A remedy allowing courts to strip a party of an abusively obtained right

Correct answer: The exercise of a legal right in an excessive, unreasonable, or bad-faith manner that causes injury to another, which can give rise to civil liability under the CCQ

Under CCQ art. 7, rights must be exercised in good faith. The abuse of right doctrine (abus de droit) provides that one who exercises a right in an excessive, unreasonable, or bad-faith manner causing injury to another is liable in civil responsibility. The right is not extinguished, but its abusive exercise attracts liability.

Question 10: What is the 'responsible communication' defence established in Grant v. Torstar Corp. [2009] for defamation claims against media defendants?

Media defendants are immune from defamation claims when reporting on government officials
A defendant who publishes a defamatory statement on a matter of public interest is not liable if they acted responsibly in verifying the information—the defence focuses on the process of reporting, not the truth of the statement (Correct answer)
The defence requires the defendant to have obtained the plaintiff's prior consent to publication
The defence applies only to online publications, not print media

Correct answer: A defendant who publishes a defamatory statement on a matter of public interest is not liable if they acted responsibly in verifying the information—the defence focuses on the process of reporting, not the truth of the statement

In Grant v. Torstar Corp. [2009], the SCC created the responsible communication on matters of public interest defence. It applies when: (1) the publication is on a matter of public interest; and (2) the defendant acted responsibly in attempting to verify the information. It protects responsible journalism even when the statement turns out to be false.

Question 11: A Canadian court uses 'judicial notice' to accept a fact without requiring evidence. Which of the following facts could a Canadian court take judicial notice of?

That a particular drug causes a specific medical reaction in every patient
That Canada's federal election day is the third Monday in October (Correct answer)
That a specific witness was present at a particular location on a given date
That a specific company was profitable in a particular year

Correct answer: That Canada's federal election day is the third Monday in October

Judicial notice applies to facts that are so notorious or generally accepted that proof is unnecessary (R v. Find [2001]). The scheduled federal election day is a matter of public knowledge under the Canada Elections Act. The other options require proof—they are specific disputed facts not susceptible to judicial notice.

Question 12: What is the 'Charter voir dire' and how does it relate to the exclusion of evidence under section 24(2)?

A procedure for selecting jury members
A hearing about the accused's mental fitness to stand trial
A hearing within a trial where the accused argues that evidence was obtained in violation of their Charter rights and should be excluded if its admission would bring the administration of justice into disrepute (Correct answer)
A French-language court proceeding

Correct answer: A hearing within a trial where the accused argues that evidence was obtained in violation of their Charter rights and should be excluded if its admission would bring the administration of justice into disrepute

A Charter voir dire is a hearing (trial within a trial) where the accused argues evidence should be excluded under s.24(2) because it was obtained in a manner that infringed a Charter right. The court applies the Grant framework (R v Grant, 2009): (1) seriousness of the Charter-infringing conduct, (2) impact on the accused's Charter-protected interests, and (3) society's interest in adjudication on the merits.

Question 13: The SCC held in Reference re Secession of Quebec [1998] that Canadian constitutional law is underpinned by four unwritten principles. Which of the following is NOT one of those four principles?

Federalism
Democracy
Constitutionalism and the rule of law
Parliamentary sovereignty (Correct answer)

Correct answer: Parliamentary sovereignty

The four foundational unwritten principles identified in the Secession Reference are: federalism, democracy, constitutionalism and the rule of law, and respect for minorities. Parliamentary sovereignty is a British concept that does not hold in Canada where the constitution is supreme.

Question 14: What is 'joint liability' for parties to an offence under sections 21 and 22 of the Criminal Code?

Only the person who physically commits the offence is liable
Joint liability only applies to organized crime offences
Only the leader of a criminal enterprise is liable
A person is a party to an offence if they actually commit it, aid or abet its commission, or form a common intention to carry out an unlawful purpose with another person — parties are equally liable (Correct answer)

Correct answer: A person is a party to an offence if they actually commit it, aid or abet its commission, or form a common intention to carry out an unlawful purpose with another person — parties are equally liable

Section 21 provides three modes of party liability: (1) actually committing the offence, (2) aiding (assisting) its commission, or (3) abetting (encouraging) its commission. Section 21(2) extends liability to common intention — where two or more persons form an intention to carry out an unlawful purpose and an offence is committed in its carrying out, each is a party if the offence was foreseeable. Section 22 covers counselling an offence.

Question 15: When researching Canadian statutory law, which source provides consolidated federal statutes and regulations updated to reflect current amendments?

Hansard
The Justice Laws Website (laws.justice.gc.ca) (Correct answer)
The Canada Gazette, Part I
The Law Commission of Canada reports

Correct answer: The Justice Laws Website (laws.justice.gc.ca)

The Justice Laws Website (laws.justice.gc.ca) provides consolidated versions of federal statutes and regulations in Canada, updated to reflect recent amendments. The Canada Gazette publishes new legislation and amendments as they are enacted but is not a consolidated source.

Question 16: A provincial law prohibits advertising directed at children under 13. A corporation challenges this under s. 2(b) of the Charter. The province seeks to justify the law under s. 1. Which SCC case is most directly on point?

R v. Keegstra [1990]
RJR-MacDonald Inc. v. Canada [1995]
Irwin Toy Ltd. v. Quebec [1989] (Correct answer)
Ford v. Quebec [1988]

Correct answer: Irwin Toy Ltd. v. Quebec [1989]

Irwin Toy Ltd. v. Quebec [1989] directly addressed Quebec's Consumer Protection Act prohibition on advertising directed at children under 13. The SCC held the law violated s. 2(b) but was saved by s. 1 as a pressing objective minimally impairing commercial expression.

Question 17: What is the 'right to counsel' under section 10(b) of the Charter and what are its informational and implementational components?

It only applies in criminal trials, not at the point of arrest
It means the government must provide a free lawyer in all cases
It only applies after formal charges are laid
Upon arrest or detention, the person must be informed of their right to counsel without delay (informational), and the police must provide a reasonable opportunity to contact counsel and must refrain from eliciting evidence until the person has done so (implementational) (Correct answer)

Correct answer: Upon arrest or detention, the person must be informed of their right to counsel without delay (informational), and the police must provide a reasonable opportunity to contact counsel and must refrain from eliciting evidence until the person has done so (implementational)

Section 10(b) has two components: (1) Informational — the detainee must be promptly informed of the right to retain and instruct counsel, including the availability of Legal Aid and duty counsel; (2) Implementational — police must provide a reasonable opportunity to contact counsel, refrain from questioning or eliciting evidence until the right is exercised, and cease questioning if the detainee exercises their right. Violations may lead to exclusion of evidence under s.24(2).

Question 18: What is the significance of obtaining a 'certificate of pending litigation' (CPL) in a real estate dispute in Ontario?

It permits the claimant to occupy the disputed property pending trial
It automatically freezes all financial accounts of the property owner
It registers notice of the litigation on the title to the property, preventing the registered owner from conveying clear title to a third party pending the outcome (Correct answer)
It extends the limitation period for the underlying claim

Correct answer: It registers notice of the litigation on the title to the property, preventing the registered owner from conveying clear title to a third party pending the outcome

A certificate of pending litigation (formerly lis pendens) under s. 103 of the Courts of Justice Act is registered on title to give notice of a claim to an interest in land. It prevents the owner from conveying the property free of the claimant's interest until the litigation is resolved, protecting the claimant's position.

Question 19: The 'no contact' rule in Canadian legal ethics prohibits a lawyer from:

Contacting clients of other law firms about unrelated matters
Communicating directly with a party represented by another lawyer about the subject matter of the representation without that lawyer's consent (Correct answer)
Communicating with the opposing party's expert witness
Contacting any witness in a proceeding

Correct answer: Communicating directly with a party represented by another lawyer about the subject matter of the representation without that lawyer's consent

The no contact rule (Model Code Rule 7.2-6) prohibits a lawyer from communicating directly with a represented party about the subject matter of the representation without the consent of that party's counsel. This prevents circumvention of the opposing lawyer and protects against improper influence.

Question 20: What is the 'right to be tried within a reasonable time' under section 11(b) of the Charter, as reframed by R v Jordan (2016)?

The right only applies to summary conviction offences
There is no specific time limit — it depends on the complexity of the case
Trials must be completed within 6 months of arrest
The SCC established presumptive ceilings of 18 months for provincial court cases and 30 months for superior court cases; delays exceeding these are presumptively unreasonable unless the Crown demonstrates exceptional circumstances (Correct answer)

Correct answer: The SCC established presumptive ceilings of 18 months for provincial court cases and 30 months for superior court cases; delays exceeding these are presumptively unreasonable unless the Crown demonstrates exceptional circumstances

R v Jordan (2016) fundamentally changed the s.11(b) framework. The SCC established presumptive ceilings: 18 months for cases in provincial court and 30 months for cases in superior court (or cases in provincial court after a preliminary inquiry). If delay exceeds the ceiling, it is presumptively unreasonable unless the Crown proves exceptional circumstances. Below the ceiling, the defence must show the delay is markedly departed from reasonable.

Question 21: Canada's Constitution can be amended through multiple formulas. Which matters require the unanimous consent of Parliament and all ten provincial legislatures under s. 41 of the Constitution Act, 1982?

Any change to provincial boundaries
Changes to the Canadian Charter of Rights and Freedoms
Changes to the amending formula itself, the office of the Queen, and representation of provinces in the Senate (Correct answer)
Any change affecting only one province

Correct answer: Changes to the amending formula itself, the office of the Queen, and representation of provinces in the Senate

Section 41 requires unanimity for: (a) the office of the Queen, Governor General, or Lieutenant Governor; (b) the right to a minimum number of senators per province; (c) use of the English or French language; (d) composition of the Supreme Court; (e) the amending formula itself.

Question 22: What is 'stare decisis' and how does it operate in the Canadian judicial hierarchy?

It means courts can ignore all previous decisions
It means all courts must follow all previous decisions
It only applies to constitutional cases
It is the principle that courts are generally bound by previous decisions of courts at the same or higher level in the judicial hierarchy, providing certainty and consistency, while the SCC can depart from its own previous decisions (Correct answer)

Correct answer: It is the principle that courts are generally bound by previous decisions of courts at the same or higher level in the judicial hierarchy, providing certainty and consistency, while the SCC can depart from its own previous decisions

Stare decisis (Latin: 'to stand by things decided') requires courts to follow the ratio decidendi (legal reasoning) of binding precedents from higher courts. Provincial superior courts are bound by SCC decisions. The SCC, as Canada's final court of appeal, can depart from its own precedents when justified. Courts may distinguish precedents on their facts. This doctrine provides predictability and consistency in the law.

Question 23: Under the Canadian Criminal Code, what are the two essential elements (actus reus and mens rea) required for most criminal offences?

A motive and an opportunity
A victim's complaint and a police investigation
A confession and physical evidence
The actus reus (guilty act — the prohibited conduct or omission) and the mens rea (guilty mind — the required mental state, such as intent, knowledge, recklessness, or wilful blindness) (Correct answer)

Correct answer: The actus reus (guilty act — the prohibited conduct or omission) and the mens rea (guilty mind — the required mental state, such as intent, knowledge, recklessness, or wilful blindness)

Canadian criminal law generally requires both actus reus (the prohibited act, conduct, or omission plus any required circumstances and consequences) and mens rea (the mental element — which may be subjective intent, knowledge, recklessness, or wilful blindness depending on the offence). Some regulatory offences use strict or absolute liability, requiring no mens rea or limited mens rea.

Question 24: In Quebec, the sale of residential real property is often completed using which instrument, and what is its legal significance?

An order issued by the Superior Court of Quebec
A simple written agreement signed by the parties and registered at the courthouse
A deed of sale (acte de vente) notarized before a notary, which constitutes an authentic act and can be executed directly without court intervention (Correct answer)
A transfer of title form filed electronically with the land registry

Correct answer: A deed of sale (acte de vente) notarized before a notary, which constitutes an authentic act and can be executed directly without court intervention

In Quebec, real property sales are typically concluded by a notarial deed (authentic act) before a notary. An authentic act has a special evidentiary status—it is presumed to be genuine and its content as to what the parties stated is proof against the parties. It can be executed (registered) directly.

Question 25: The doctrine of interjurisdictional immunity (IJI) protects the 'core' of federal jurisdiction from provincial intrusion. After which SCC case was IJI significantly narrowed?

Quebec (AG) v. Lacombe [2010]
Rothmans, Benson & Hedges Inc. v. Saskatchewan [2005]
Reference re Employment Insurance Act (2005)
Canadian Western Bank v. Alberta [2007] (Correct answer)

Correct answer: Canadian Western Bank v. Alberta [2007]

In Canadian Western Bank v. Alberta [2007] the SCC substantially narrowed IJI, holding that it should be applied with restraint and is not the preferred tool for resolving federal-provincial conflicts, favouring paramountcy analysis instead.

Question 26: A commercial lease contains a covenant by the tenant to pay rent. The landlord assigns its interest to a new landlord. Under Canadian common law, can the new landlord sue the tenant for future rent?

Only if the lease is registered on title
Yes, because the covenant touches and concerns the land and the benefit passes to the assignee of the reversion (Correct answer)
Only if the tenant consented to the assignment
No, because privity of contract only exists between the original landlord and tenant

Correct answer: Yes, because the covenant touches and concerns the land and the benefit passes to the assignee of the reversion

Under the rules in Spencer's Case (1583) and the doctrine of privity of estate, covenants that 'touch and concern' the land (including the covenant to pay rent) run with the land. The benefit passes to the assignee of the reversion and the burden passes to the assignee of the lease.

Question 27: The McGill Guide's 'pinpoint' citation practice requires a lawyer to cite which page or paragraph when referring to a specific passage in a case?

The specific page number or paragraph number where the relied-upon passage appears, following the full citation (Correct answer)
Only the first page of the reported judgment
The table of contents page of the law report
The headnote paragraph that summarizes the point

Correct answer: The specific page number or paragraph number where the relied-upon passage appears, following the full citation

A pinpoint citation identifies the precise location within a case where the cited proposition appears—either the page number in a reporter or the paragraph number in a neutral citation. It allows the reader to verify the proposition directly. e.g., R v Smith, 2023 SCC 15 at para 42.

Question 28: Under Canadian law, a vendor of real property is under a duty to disclose:

Latent defects known to the vendor that render the property dangerous or unfit for the buyer's purpose (Correct answer)
Only defects that reduce the property's value by more than 10%
All defects visible on a reasonable inspection
Nothing—the principle of caveat emptor applies absolutely in real estate transactions

Correct answer: Latent defects known to the vendor that render the property dangerous or unfit for the buyer's purpose

Caveat emptor applies to patent defects (discoverable on inspection), but vendors must disclose known latent defects that make the property dangerous or unfit for habitation. Failure to disclose known latent defects may give rise to an action in damages or rescission.

Question 29: In which situation does the Canadian Charter of Rights and Freedoms apply?

Only to criminal proceedings
To all private disputes between individuals
To government action, including legislation and acts of government actors (Correct answer)
Only to federal government action, not provincial governments

Correct answer: To government action, including legislation and acts of government actors

Section 32 of the Charter limits its application to Parliament and the legislatures, and to the government of Canada and provinces. The Charter does not directly bind private parties, though it can influence common law development in private disputes.

Question 30: The duty of procedural fairness in Canadian administrative law is grounded in which principle?

That persons affected by government decisions have a right to be heard and to have decisions made by an unbiased decision-maker (Correct answer)
The principle that all government decisions must be made by elected officials
The principle that any decision affecting rights must be subject to a full trial
That administrative tribunals must follow the same procedures as superior courts

Correct answer: That persons affected by government decisions have a right to be heard and to have decisions made by an unbiased decision-maker

The duty of procedural fairness (audi alteram partem and nemo judex in sua causa) requires that affected persons receive notice, an opportunity to be heard, and an impartial decision-maker. The content of fairness varies with context per Baker v. Canada [1999].

Question 31: When a Quebec court applies the 'good faith' (bonne foi) principle in contractual matters, which CCQ provision is the primary source?

CCQ art. 2805: good faith is presumed but may be rebutted
CCQ art. 6: every person is bound to exercise their civil rights in good faith
CCQ art. 1375: the parties shall conduct themselves in good faith at all times, from the time the obligation arises until it is extinguished
Both A and B together form the basis of the good faith obligation (Correct answer)

Correct answer: Both A and B together form the basis of the good faith obligation

Good faith in Quebec civil law is underpinned by CCQ art. 6 (general principle: exercise of civil rights in good faith) and CCQ art. 1375 (contractual performance in good faith from start to finish). Together they impose a comprehensive good faith obligation on all parties at every stage of a contract.

NCA (National Committee on Accreditation) Exam

The NCA exams assess internationally trained lawyers seeking accreditation to practice law in Canada, testing knowledge across core areas of Canadian law including constitutional law, criminal law, professional responsibility, and legal research.

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